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2022 Supreme(Guj) 1664

BHARGAV D. KARIA
Bhavdipbhai Arunbhai Dave – Appellant
Versus
Kotak Mahindra Bank Limited – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Percy Kavina, Ld.Sr. Adv. With Mr. As Panesar
For the Respondent: Mr. Lalit M Patel

JUDGMENT :

Heard learned Senior Advocate Mr.Percy Kavina assisted by learned advocate Mr.A.S.Panesar for the petitioners and learned advocate Mr.Lalit M. Patel for the respondent-Bank.

1. Rule, returnable forthwith. Learned advocate Mr.Patel waives service of notice of rule for the respondent-Bank.

2. Considering the issue raised in this petition in narrow compass, with the consent of the learned advocates for the respective parties, the matter is taken up for hearing today.

3. By this petition under Article 227 of the Constitution of India, the petitioners have prayed for the following reliefs :

    “(A) To issue a writ of certiorari or any other appropriate writ, order or direction in the nature of certiorari or any other writ for quashing and setting aside the impugned order dated 16/10/2021 (Annexure- A) passed by the Debts Recovery Tribunal-2, Ahmedabad in SA No.94 of 2020 and restrain the Respondent from taking any further action under the provisions of the SARFESI Act till the final hearing of SA No.94 of 2020 pending before the DRT-2, Ahmedabad.

(B) Pending admission, hearing and

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